HomeMy WebLinkAboutR-2010-045 Amendment 1 Kimley Horn RESOLUTION NO. 2010-045
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE
EXISTING AGREEMENT FOR AN IMPLEMENTATION PLAN FOR DANIA
BEACH BRIDGE PROJECTS WITH KIMLEY-HORN AND ASSOCIATES,INC.,
TO PROVIDE ADDITIONAL CONSULTING SERVICES FOR AN AMOUNT
NOT TO EXCEED$16,500.00;PROVIDING FOR FUNDING;PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,on June 24,2009,the City Commission approved an agreement with Kimley
Horn and Associates,Inc.for consulting services to assist the City and the CRA with development of
an implementation plan for the four bridge projects identified in the Dania Beach CRA
Redevelopment Plan; and
WHEREAS, additional consulting services are required relating to an amendment to the
Metropolitan Planning Organization's 2035 Long Range Transportation Plan (LRTP), as listed in
Exhibit"A';
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That an amendment to the Agreement dated June 24, 2009, for consultant
services with Kimley-Horn and Associates,Inc.,which amendment is attached in substantial form as
Exhibit "A", Amendment Number 1, is approved and the proper City officials are authorized to
execute it, for an amount not to exceed Sixteen Thousand Five Hundred Dollars($16,500.00)to be
funded from the Community Development Department's Professional Services Fund 1501-515.31-
10 (budgeted at $500,000.00 with$445,409 remaining).
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to such Amendment to the Agreement as are deemed necessary and proper for the best
interests of the City.
Section 3. That all Resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on March 23, 2010.
ATTEST:
Q�oYlARD'S FTRSl
LOUISE STILSON, CMC , C.K. MCELYE
CITY CLERK 1 MAYOR-COMMISSIONER
ATED 19�
APPROVED AST FORM AND CO SS:
r� ( ) A V
THO A J. RO
CITY AT ORNEY
2 RESOLUTION 42010-045
AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF DANIA BEACH AND
KIMLEY-HORN AND ASSOCIATES, INC.
This is an Amendment to an Agreement, which exists between the City of Dania Beach,
Florida("City")and Kimley-Horn and Associates,Inc., a Florida Corporation("Consultant'). This
Amendment is entered into and becomes effective on 2010,and is an amendment
to the existing Agreement, dated June 24, 2009 (the "Agreement').
City and Consultant wish to amend the Agreement to provide for additional consulting
services relating to an Implementation Plan for Dania Beach Bridge Projects.
In consideration of the mutual covenants,terms and conditions contained in the Agreement
and this Amendment, and for other good and valuable consideration, the adequacy and receipt of
which are acknowledged, the parties agree to the following:
1. Exhibit"A", Amendment Number 1, dated March 17, 2010, sent by Kimley-Horn and
Associates, Inc. a copy of which is attached, which specifies additional services, is incorporated by
this reference.
2. City agrees to pay Consultant an amount not to exceed Sixteen Thousand Five Hundred
Dollars ($16,500.00) for such additional services.
3. In all other respects, except as amended by this Amendment to the Agreement, the
Agreement is ratified and reaffirmed and remains in full force and effect.
IN WITNESS OF THE FOREGOING,the parties have executed this Amendment on the day
and year first above written.
CITY:
City of Dania Beach, Florida
a Florida municipal corporation
ROBERT BALDWIN
CITY MANAGER
3 RESOLUTION#2010-045
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
THOMAS J. ANSBRO
CITY ATTORNEY
Signed, sealed and delivered:
In the presence of: CONSULTANT:
KIMLEY-HORN AND ASSOCIATES, INC.
a Florida corporation
Signature BY:
Signature
Print Name
PRINT Name—Title
Signature
Print Name
4 RESOLUTION#2010-045
Exhibit A to Amendment Number 1
Dated March 17,2010.
Consultant shall perform the following Additional Services:
Kimley-Horn and Associates, Inc. will provide consulting services to the City of Dania Beach in
proposing an amendment to the Broward County's 2035 Long Range Transportation Plan
(LRTP) to include an anchor hub within the City and to include the US I bridge at the Dania Cut-
off Canal in the Illustrative Section of the LRTP. This will consist of the following tasks.
Task I —Anchor Hub Designation and Inclusion of US 1 Bridge in the 2035 LRTP:
The Consultant will revise the previously prepared justification for designation of an anchor hub
in the City in a format acceptable by Broward County MPO for the purposes of submitting a
formal request to the MPO Board and Committees. This will involve additional research and
coordination with Broward MPO Staff to finalize the information content and format.
The Consultant will prepare a request for inclusion of the US I bridge over the Dania Cut-off
Canal into the illustrative section of the Broward County's 2035 LRTP. As part of this effort, the
Consultant will prepare a memorandum summarizing the City's redevelopment vision with the
four bridge projects, the City's efforts of securing earmarks for finding the project, and the
project's preliminary cost estimates.
Task 2—Coordination with Broward County MPO
The Consultant will coordinate with Broward County to communicate the City's intent to request
an anchor hub within the City and inclusion of US I bridge in the 2035 LRTP within the
identified timeline and schedule of the Broward County LRTP amendment process. The objective
of the coordination effort will be to determine the requirements of the amendment process and to
prepare technical information in a format acceptable for inclusion within the LRTP. Kimley-Horn
will attend up to four (4) meetings with Broward County MPO through the completion of this
task. The meetings will include representation at the TCC, CIR and the MPO Board. In addition,
the Consultant will attend one meeting with MPO staff to determine amendment process and
discuss next steps.
Task 3—Meetings
The Consultant will attend up to three (3) meetings and/or presentations with the City staff and
elected officials through the course of the project.
Consultant and Client agree to the following general schedule in connection with the Additional
Services set forth above:
The work product prepared under this amendment will be delivered to the Broward County MPO
and the Client before June 30, 2010.
Rev.11-08
For the Additional Services set forth above, Client shall pay Consultant the following additional
compensation:
Tasks Fee Estimate
Task 1 —Anchor Hub&US 1 Bridge Inclusion $ 4,750
Task 2—Coordination with Broward MPO $ 7,490
Task 3—Meetings $ 4,260
Total $ 16,500
Rev.11-08
The motion carried on the following 5-0 Roll Call vote:
Commissioner Anton Yes Vice-Mayor McElyea Yes
Commissioner Duke Yes Mayor Castro Yes
Commissioner Jones Yes
10.4 Discussion of the T.I.G.E.R. Grant Application -Assistant City Manager Donnelly
Colin Donnelly, Assistant City Manager, noted that other communities are more shovel ready
than we are, and for that purpose there are a number of steps that we need to take to make it a
complete plan. Assistant City Manager Donnelly explained that we need to spend $59,000.00
for the consultant to determine if we can apply for the grant or a part of it. He advised that the
cost of retaining the consultant has not been budgeted.
Greg Kyle, Kimley-Horn and Associates, noted they have met with staff to inform them of the
requirements of the TIGER Grant. The potential bridge projects have a lot of unknown factors in
terms of their impacts. He advised that the $59,000.00 proposal would include a better definition
of the projects; meeting with the relevant agencies; and looking at other potential funding
sources to pay for the bridges. Mr. Kyle clarified that the $59,000.00 would not cover the grant
writing process. He indicated that the total cost involved to apply for the grant could range from
$20,000.00 to $1M.
Jeremy Earle, CRA Director, noted we have not prepared ourselves to apply for any federal
funding. He advised that the City would have to be Local Area of Participation (LAP) certified
in order to receive federal funding. Director Earle stated that the $60,000.00 is to position the
City to pursue these funds. He indicated that we should know in about six weeks,whether or not
we can apply for the TIGER Grant. Director Earle noted that if we are not successful in pursuing
the TIGER grant,we can use the $60,000.00 service to apply for other funds.
Mayor Castro clarified with Director Earle that proceeding with this will not preclude us from
working with other partners in the future.
Commissioner Duke confirmed with staff that the Grant Advisory Board has not been involved
in this process.
Director Earle remarked that going through this process is very important for the City. He noted
that the CRA is willing to share the involved cost.
Patty Varney, Director of Finance, noted we already are in a deficit this year. She advised that
we have funds for matching grants for next fiscal year. Director Varney reiterated that we have a
deficit of$540,000.00 for this year. She further clarified that this amount includes $300,000.00
for the renovation of the BSO offices at City Hall, which has not yet taken place.
Commissioner Anton noted we have no choice but to go through this process in order to be
prepared for future grant applications.
Minutes of Regular Meeting 13
Dania Beach City Commission
Tuesday,June 23,2009—7:00 p.m.
Commissioner Anton motioned to move forward with the contract with Kimlcy-Born and
Associates, with half of the funding coming from the CRA; seconded by Commissioner
Jones. The motion carried unanimously.
10.5 Discussion and Approval of Updated List of Properties for the Neighborhood
Stabilization Program-Robert Daniels
Bob Daniels, Director of Community Development, distributed a report explaining the
Neighborhood Stabilization Program (NSP), which is attached to and incorporated into these
minutes. He advised that the NSP allocation to the City would be $1,182,745.00 to undertake
foreclosure, acquisition, rehabilitation, and resale through the County's program. Director
Daniels noted that staff prepared a list of 35 properties that are in foreclosure, ten of which have
been identified as priority properties for acquisition. He highlighted some of the criteria used to
establish the qualification for each property.
Mayor Castro thought this was a great opportunity to positively impact some neighborhoods in
the City.
It was the consensus of the Commission to direct staff to inform Broward County of the priority
properties for acquisition through the Neighborhood Stabilization Program.
Mayor Castro added another item under Discussion and Possible Action.
Mayor Castro noted she was contacted by the Mizell family, and they requested that the name of
Isadore Mizell be added to the Dania Beach Boulevard sign. She advised that Isadore Mizell
Boulevard would need to be added to the portion of Dania Beach Boulevard located west of US
1, as approved by the Commission in 1992. Mayor Castro indicated that Leo Williams is already
working with FDOT to have the sign reproduced.
It was the consensus of the Commission to direct staff to have the name added to the Dania
Beach Boulevard sign
11. Commission Comments
11.1 Commissioner Anton
Commissioner Anton commented he received a letter from the Airport Advisory Board that
recommends the Mayor be the contact person and spokesman for the City for all Airport matters.
He said that although he has been the lead person on the Commission for Airport-related matters,
he does not have a problem with the Board's recommendation.
Mayor Castro noted she has the utmost confidence in Commissioner Anton, and preferred that
we keep him as the contact person.
Minutes of Regular Meeting 14
Dania Beach City Commission
Tuesday,June 23,2009—7:oD p.m.
Md AM , Inc.
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was�:almeGaci.=asp
Mr. Robert Baldwin,City Manager =
City of Dartia Beach
100 W Dania Beach Blvd.
Dania Beach.FL 33004
Re: Implementation Plan for Dania Beach Bridge Projects
Dear Mr.Baldwin:
Kimley-Ham and Associates, Inc. CXH.A") is pleased to submit this letter
agreement (the "Agrocment") to the City of Dania Beach ("the Client") for
consulting services to assist the City and the CRA wmh development of an
implementation plan i'or the four bridge projects identified in the recently
adopted Dania Beach CRA Redevelopment Plan.
PROJECT UNTDERSTANDING
The City of Dania Bcacb adopted the CRA Redevelopment Plan in March 2009.
The overall implementation strategy in the redevelopment plan recommends a
two-pronged approach of coordinated action and physical improvements. Tbc
first step involves addressing the lower cost improvements that will result in
significant nutvetnent towards the accomplishment of its redevelopment goals in
the CRA. The second step involves implementation of cast intensive. long-term
investments to provide a foundation upon which the City's central economic
development aspirations can be met. The redevelopment plan identifies several
capital irnprovetncnt projects that will serve as the foundation for redevelopment
and economic development within the CRA.These include.
• Construction of a bridge across the C-10 Canal at Dania Beach
Boulevard.
• Cons"chou of a bridge over the C-W Canal from Bryan Road to NW
3"Terrace(realigned Old Grifftt Read),
• Rebuilding of the bridge.at Federal Highway over Dania Cut-Off Canal
to provide greater vertical clearance under Federal Highway to
accommodate larger vessels.
• Rebuilding of the bridge on the FEC line across the Dania Cut-Off Canal
to accommodate taller vessels.
The construction of these bridge projects will involve extensive coordination
with regional agencies including Broward County, Broward Metropolitan
Planning Organization, the Florida Department of Transportation, Florida Last
Coast (FEC) Railway, and other applicable State and Federal agencies. Due to
the magnitude of construction costs and the intention to use Federal ftutds, it will
be requires) to comply with National Environmental Policy Act (NEPA)
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requirements to qualify,for Federal funding. The planning and implementation cf
these improvements will involve significant planning arid coordination and h is
important to identify a detailed implementation Plan to move from vision to
construction, Our scope of services, fee and schedule related to the development
of the implementation plan for the four bridge projects are provided below.
SCOPE OF SERVICES
Task 1.—Review Proposed Improvements to Identify Phasing and Priority
As part of this task, Kimlcy-Horn will review the long-term capital improvement
strategies related to the bridge projects contained within the Redevelopment Plan
and dcvelup a detailed framework of key activities to advance the preliminary
concepts towards implementation.The preliminary work performed as part of the
Redevelopment Plan will be used as the baseline to complete this task. Ilse
following elements will be performed under ibLs task:
Review or design criteria for proposed bridge improvements
• Review of overall known and foreseeable costs including design,
permitting, PME studies, construction, maintenance of traffic, and
right-of-w-dy
• Identify critical issues including, but not limited to. FPL lines, required
easements,changes in assumptions from the Redevelopment Plan
• Identify access impacts from proposed bridge projects to determine
access management implications
• understand potential right-of-way impacts from the bridge projects and
the land and easements that may be required to construct the projects
• Explore maintenance of traffic (MOT) issues with proposed bridge
construction, specifically the Federal Highway bridge and the FEC rail
bridge
Identify initial construction concepts such as whether a temporary bridge
will be required while the new bridges are being built along Federal
Highway and the FEC rail line
Development of a program of the required steps along with a timeline for
anticipated completion of the projects
• Identification of a phasing strategy for the four projects
• Determination of whether two or more of these projects should be
evaluated in tandem for NEPA requirements due to the proximity or the
combined ammmaunity impacts
• Review for consistency with regional transportation plans consisting of
the Broward County MPG Long Range Transportation Plan, South
Florida East Coast Corridor (SFECC) Study, and the Fort
L.auderdelediollywood International Airport South Runway expansion
plans.
It is currently anticipated that the Federal Highway and FEC rail bridges will be
identified as the first set of priority projects. Even though coordination with
regional agencies in the following tasks will consist of educating and
communicating the City's intent regarding all four bridge projects. the
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coordination tasks will place higher emphasis on the Federal )Highway and FLC
rail bridge:;.
Qe/irerahle: The deliverable of ibis task will include a technical memorandum
summarizing die rescarch and findings of this task.
Task 2—Coordination with Regional Agencies
Task?u__Florltu nepurf m:g e 'TrarUwrlafinn(tQ
Kimley-Horn will coordinate with the FDOT to identify an action plan fctr
implementation of the bridge project: as well as to identify the extent of
evaluation required to comply with the NEPA requirements. 'fbe intent of the
coordination efforts will be to obtain buy-in from the FDOT through
communication oithc City and CRA's intent to implement these improvements.
Kimley-Florn will prepare prellimimiry graphics and information developed in.
Tusk 1 to facilitate effective coordination with the FDOT.
Kimley-Hem will establish initial coordination with the FD07 through our
existing relationships with FDOT staff to explain the economic bericin to the
City and the region resulting from the implementation of these improvement's.
We will research the level of environmental review we anticipate for the four
bridge projects based on our understanding of the NEPA requirements. if it is
determined that a project Development and Environment (PD&E) Study or
alternative level of environmental analysis will be required for one or more of the
projects. Kimley-Horn will work with FDOT to identify the timing of the
required studies. We will request filing of the Efficient Transportation Decision
Making(EDTM)program screen by FDOT. We will also detcrn»ne if the FDOT
will oversee and manage the PD&F. Study or alternative evei of en:iromnental
analysis. We will attend up to three (3) meetings with FDOT staff to twordinate
dicse efforts.
Task 2b- Btrousa•d Qunry Mezropolaw?PLIgMrjg Ortranizarici
Kimley-Hom will coordinate with Broward County to communicate the City's
intent to pursue construction of the bridge projects along with the identified
timeline and schedule. The objective of the coordination effort will be to
dwcrntine the requirements to add the proposed bridge improvements to the
Broward Moutopolitao Planning Organization's (MPO) Long Range
Transportation Plan or appropriate Broward County program. Kimicy-Born will
also work with the Courtty authorities to explore the passibility of obtaining
funding support from Broward County to help advance the proposed bridge
projects. The right-of-way impacts as well as the maintenance of traffic and
access impacts caused by the construction of the bridges may also requite
coordination with the County. Kimey Horn will attend up to two (2) meetings
with Broward County through the completion of this task.
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Kimiey,Horn will eoordivate with FF_C Railway to obtain their input and
understand their desi;rt criteria for increasing the height of tile existing FFC
bridge. 'ITus ?ask will also include coordination with MOT to understand the
plans and necessary considerations ror the future commuter rail service along the
FEC' rail line. '>klc will obtain FEC and FDOT's design specifications fir the
proposed new rail bridge based on input from FEC and FDOT.Kimley-Horn will
attend Lip to two (2) .meetings with the FTC Railway through the completion of
this scope.
Tack 2d—F]Qjrda hiland.Naniaarion Distmi IS(ND1
Kin ley-Horn will coordinate with FIND to determine the feasibility,impacts and
costs of dredging and widening the canal access under the four proposed bridges.
and obtain furher input on desirable vertical cleareners under the proposed
bridges. Kimley-Hom will attend up to two(2) meetings with FIND through the
completion of this scope.
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Kimicy-Hom will identify and, if necessary, coordinate with other important
stakeholders identified through the duration of the scope in order to further define
the requirements to advance the proposed bridge projects. We grill attend up to a
maximum of three(3)total meetings with other-stakeholders.
&verahki_ The deliverable of this task will include a memorandum
summarizing the research and findings of this task as well at a recommended
course of action for the City to comply with NEPA requirements.
Task —Funding Research
Kimley Horn will perform a review of funding sources and grants available for
implementation of the bridge projects Mihm the City. Sources reviewed will
consist of fi dmi earmarla, stimulus grants, state earmarks and grants, and
potential funding programs under the reauthorization of the Safe, Accountable.
Flexible. Efficient Transportation Equity Act: A legacy for Users (SAFETEA-
LU). Additionally, options to generate local revenue through bonds and
community grants will also be reviewed Specific attention will be given to
obtaining funding sources that arc geared towards large scale transportation
projects with aggressive implementation schedules. Based on our review of the
TIGER grant critera, it is cw understanding that there is a higher priority for
shovel ready projects that already have the necessary permits for cons"etiota. if
through our coordination with the MOT it is identified that there is a possibility
to fish-track the NEPA requirements for one or more of the proposed bridge
projects, Kimley-Hom will further assess die opportunity of filing for a TIGER
Grant Program application. The scope and fee to prepare the TIGER Program
Grant application is not included in this scope.
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Deiirera8lac The deiiv=ble of this task will include a mcmorandun;
summarizing the researeb and findings of this task and a list of potential funding
sources, along with their corresponding requirements.tint can be pursued by the
City.
Task 4- LAP Certitieation
Kiniley-Hom will agsisi the City in their preparation and submittal of a Local
Agency Program (LAP) Cettifiemion Application to FDC)T that will enable the
City to adinfnister Federai-aid pmjects. Kimley-Horn will perform this task in
ac:ordaucc with the followinu:
Task_4gt Reynnf _AP.Ce!rrficnrian.9 icutinn
Kimley-Hom wit! provide up to 20 person hours of assistance to review and
comment on the information prepared by the Cip! for submittal of the LAP
Certification Application, based upon Chapter ? of the FDOT LAP Manual-
dated March 2008. It is anticipated that the City staff will prepare the information
for the LAP application and Kimley-Horn will provide assistance in the review
and revisiting to the application. Kimley-Horn will attend one I I) treeing with
the City to review the packet of information to be included in the application.
Kimley-Horn will attend (1) one meeting with the FDOT LAP Administrator in
the FDOT District Four office to review the LAP Certification Application.
Tam 0-Application Reviga-rL sistwvice
After the City_ 's subntinal of the. LAP Certification Application to FDOT,
Kimley-Horn will provide up to 10 person hours of additional follow up
assistance, including but not limited to, communications with the Client..
communications with FDOT, the preparation of responses to Requests for
Additional Information (RAJ) by FDOT, and attending meetings with FDOT
and/or the Client as requested by the Client.
Task 5-Meetings/Presentations with the City
Kimley-Born will attend up to five (5) meetings and/or presentations with the
City staff and elected officials through The course of the project.
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ADDITIONAL SERVICES
If a is determine through our coordination efforts with MOT and the Federal
Agencies drat Federal Highway and%or FF"C Rail line bridge projects can qualify
as a Categorical Exclusion, Kinilcy-Horn will perform the following additional
services upon authorization from the City to proccud with these scr%ices.
?'ask 6—Environmental Due DiligenceiField Reconnaissance
KHA will review readily° available natural, social and physical ruNource data
regarding,tine subject site including but not limited to wetland maps, soils maps,
listed species GIS databases. contamination data from First ScarchTm, historical
and archaeological data from the Florida Master Site File and FEMI A Flood
Insurance Rate Maps. KHA will then conduct a site visit to assess the
environmental conditions of the site as they relate to wetlands, endangered
species, contamination and land use. Contamination review, will be limited to
database review,file review and field reconnaissance.
De1iveranie._ The deliverable of this task will include a report summarizing
findings from the due diligence and field reconnaissance tasks.
Task 7—Categorical Exclusion Package
Li'based on cur coordination efforts under Task 2 it is agreed that either one or
both bridges over the Dania Cut-Off Canal might qualify as a programmatic
Categorical Exclusion, then KHA will complete the Type I and Progtanuriatic
Categorical Exclusion checklist as provided in Part 1, Chapter 2 of the 7--DO"r
PDB:E Manual. KHA will prepare a supporting memorandum and graphics.
KHA will submit the Categorical Exclusion to FDOT for review and approval.
KHA will respond to one round of reasonable comments, if required
Deliverable: The deliverable of this task will include the Categorical Exclusion
application for submittal to FDOT.
Task 8—TIGER Grant Application
Kitnley-Horn will prepare the grant application for'FiGER grants in accordance
with the scope items below:
A. Kiiriley-Horn will review the current TIGER Grant application submittal
requirements and prepare the required elements For submission to die
U.S.Department of Transportation.
& Kindey-Horn will conduct up to three (d) meetings and follow-up by
telephone, as required. with City staff. The required submittal
information for the TIGER Gam as currently published by the U.S.
Department of Transponation includes:
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77
I. Application MuTative Of Up to 75 pages, including
documentation supporting g8m assurances regarding. jobs
creation and o:onotnic recovery.
2. Project Contact Irfornmtion.
J. Pro-ixt Desoription. to include eoospatial project data. project
mapping, local n(vds assessment, passenger or freight volumes,
congestion levels, infrastructure condition.and safety cxperiencc
to be addressed by the improvements.
4. Roles and responsibilities of rant recipient and salter project
parties.
5. Grant amount requested. soure s and uses of all proi&i funds,
total project cents, percentage of prgjcct costs to be paid by
T30ER Grant, and the identity, and percentage shares of all
parties protridirg funds for the project.
h. Narrative and supporting documentation assessing compliance
with the selection criteria; includine the primary selection
criteria of: (a) long-term outcomes and (b) jobs creation and
economic stimulus, and seconciary selection criteria of (a)
innovation and(b)partnership.
7. Federal Wage Rate Requirement Certification.
Ii. National Environmental Police Act Requirement
nt
9. Environmentally Rclated Federal, State and Local Actions.
Deliverable: The deliverable will include a draft TIGL'R Grant Application for
review and submittal by the City to the U.S. Department: of Transportation for
each bridge project.
Any services not specifically provided for in this agreement, as well as any
changes in the Client's requests, will be considered additional services and will
be performed at our then current hourly rates.Before commencing on additional
services, K14A will prepare a written proposal and submit to the Client for
written approval. Additional services we can provide include;bhtare not limited
to,the following:
Attending additional meetings
• Performing environmental due diligence and field reconnaissance
Preparing conceptual bridge design plans
Preparing opinions of probable costs(OPCs)
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and Amciates, ins. roe s
DELIVERABLE,
We will provide up to flu-ce.. copies of the final deliverables as specified under
each task and one electronic copy on a CD containing all associated gaplucs and
appendices for reproduction.
SCHEDULE
We will perform the services described in the above scope of<_ers ices as soon as
practical to meet a mutually agreed-upon schedule.
FEE AND BILLING
KHA will perform the services described it)the above-defined scope For Tasks I
through 5, inclusive of c:apemses, for the lump sum fees listed bciov.:
Task Fee Estimate
Task I -Review Proposed Improvements S 17,700
Task 2-Coordination with Regional Agencies S 19,000
Task 3-Funding Research $ 9,800
Task 4-LAP Certification Application S 5,000
Task 5-Meetings S 7,500
Total S 59.000
If 4 is determined through our coordination efforts with FDOT and the Federal
Agencies that Federal Highway aadior FEC Rat?line bridge projects can qualify
as a Categorical Exclusion, Kimley-Horn will perform Tasks 6 through 8 upon
authorization front the City for the lump sum fees listed below:
Task 6-Environmental Due Diligence S 11,100
Task 7-Categorical Exclusion S 9,500
Task 9-TIGER Grant Application $15,000
Total $35,600
Fees will be invoiced montltly based upon the percentage of services perforated
as of the invoice date for lump sum elements or for the actual amount of services
perforated and expenses incurred for labor fee elements. Payment will be due
within 25 days of the date of invoice.
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and Associates, Ox,
CLOSURE
In addition to tbe, matters set forth herein, our Alpeemcnt shall include and be
subject to, and only to, the terms and conditions in the agceernom between the
City of Dania Beach and Kimlev-Horn and Assoc:iaes, inc., which are
incorporated by reference. As used in the agreement, the term "the Consultant"
shall refer to Kimlev-Hcan and Associates. Inc., and the term 'She Client" shall
refer to the City of Dania Beach.
i KHA, in an efinn to expedite invoices and reduce paper waste; tsffers its clients
the option to receive clectrome invoices. Tlhese invoices conic via email in an
Adobe PDY format, We can also provide a paper copy via regular mail if
requested. Please select a billing method from the choices below:
Please email all invoicesto ISDAr-4„1.t~l,
Plmise email invoices to t AND
provide a hard copy to the address listed above (please note below if it
should be to someone e'Ise's attention or an alternative address).
Please ONLY provide a hardcopy invoice to the address listed above
(please note below if it should be to someone else's attention or as
alternative address).
If you conciu in all the foregoing and wish to direct us to proceed with the
services, please have authorized persons execute both topic. of this Agreement
in the spaces provided below, retain one copy.. and return the other to us. I=
and times stated in this Agreement are valid for sixty (W) days after the date of
this letter.
We appreciate the opportunity to submit a proposal, Please contact Poorne
Bhattacharya at 561-840-0210 if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES,INC.
f:
By: Gregory S. Kyle Poorna Bhattacharva, AICP
Vice President Project Manager
Attachment:Agreement with the City of Dania Beach
Krnm-Horn
, '.4r.Rntxrl BaldMin lane M,MOP
and C tes. lqc Page 10
CITY 0,FDANIA BEACH
.A Mui&ipalit
tPrtnt or rype Namc and Title) (Prim or Tylx Name mid Title)
(Email Address) i Enaail.Adctrcss)
. wi=%s
..............._.-_......_..-....
(Print or'[vpc Namc)
Official Seal:
AGREEMENT
THIS IS AN AGREEMENT (the "Agreemen+.") entered into on Ju.ue 24, 20W between:
THE CITY OF DAN1A BEACH, FLORIDA-a municipal corporation. (the "City") and Kimley-
Horn and Associates. Inc. (the "Consultant'*).
in arosideration of the mutual ekwenants, terms and conditions contained it,, this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged, the parties agree as follows:
1. Scope of Services. The Consultant agrees to perform consultant services for the
City in accordance with the scope of services described in Exhibit "One", a copy of which is
attached and made a part of this Agreement by this reference. The Parties acknowledge and
agrees that services are to commenced or will commence. on June 16, 20r79 and that that date is
the effective date and commencement date of the services.
2. $Lgkgntracts. Consultant may subcontract certain items of work. It is expressly
agreed by the parties, however, that the City shall approve in advance in writing any
subcontractors and the fees to be paid them by Consultant prior to any such subcontractor
proceeding with any such work.
3. Pavinel.11 for Service
A. City agrees to pay Consultant f'or services provided by Consultant, as
described in Section 1, an agreed upon lump sum amount of Fifty Nine Thousand Dollars (S
59,000) (the"Fee")and additional services of Thirtv Five Thousand and Six Hundred Dollars
35,600 upon amhorization from the City to proceed with the additional services outlined in
the Scope of Services for Implementation Plan for Dania Beach Bridge Projects. The Fee
includes full payment, including all labor,overhead and other costs. No travel and meal costs are
reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties,
approved in writing in advance by the City. Any such costs are payable at the City
reimbursement rate.
B. Ally necessary additional work, as determined by City, which is not
covered by the scope of services described in the attached Exhibit"One", shall not be undertaken
without a written amendment to this Agreement to that effect, executed in advance by loth
parties.
C. Consultant shall submit its invoices in the format: and with supporting
documentation as may be required by City.
D. City shall pay Consultant monthly for services rendered within thirty(30)
calendar days from date of approval of each of Consultam's invoices by the City Manager. If
any errors or omissions are discovered in any invoice. City will inform Consultant and request
revised copies of all such documents. If any disagreement arises as to payment of any portion of
an invoice, City agrees to pay all undisputed portions and the parties agree to cooperate by
promptly conferring to resolve the disputed portion.
E. Any invoice %Ohich is not timely paid as prescribed above-At I! he subject
to the accrual of interest at the statutory rate prescribed by appalicable Florida law.
4. lnddnniftcation of City.
A, Consultant shall indenmify and hold harmless the City. its officers.
employees and agents (collectively, the "Cih'"), fivtn liabilities, damages- losses, and costs.
including. but not limited to. reasonable attorney fees; to the extent caused by negligence,
e k;essness or intentional wrongfiui misconduct afC'.onsuitant and per employed or utilized
by Consultant in the performance of Otis Agreement, including arty Subconsultant of
Subcontractor.
B. To the. extent considered necessary by City any sums due Consultant
under this Agreement may be retained by City until all of the City's claims for itrdcmitificalion
pursuant to this Agreement have been seltied or otherwise resolved, and any amount V'-lhheld
shall not be subject to payment of interest by City.
C. To the extent this indemnification clause lions not comply with Florida
law this provision and all aspects of this Agreement shall be interpreted w;the parties" intention
for the indemnification provisions and this Agreement to comply with Florida late applicable to
indemnification.
5, Insomce Comitwit shall provide, pay for and maintain in force at all times
during the term of this Agreement: such insurance, including professional liability insurance,
S4onkers'compiemation ins mince and comprehensive.general liability institmce as stated below;
A. Professional liability immance with mirt tnuin limits of liability of One
Million Dollars (S1,00D,DDD.00) to assure the City of coverage of the
irideranification specified in this Agreement.
$. Workers' eotmensatiom insurance to apply for all employees in
comphance with the "Workers' Compensation Law' of the State of
Florida and all applicable federal laws, for the benefit of the Consultant's
employees.
C. Comprehensive general liability insurance, including contractual, with
minimum limits of One Mi&n Dollars ($1,000,OM.00) per dcamence,
combined single ('unit for bodily injury liability and property damage
hability. The City is to be included as an"additional insured"with tcspec,&
to any claims arising out of this A grceraert.
D. Automobile Liability with minimum limit of One Million Dollars
($1.000,000.00)combined single limit.
E. If Consultant hires a s:ftocontra:for for any portion. of any work, then such
subcontractor shau provvide general liability :insurance with minimnrr•
limits of linbility of6ie Million.Dollars(SI,tO f,3{fi.tt0}.
E T is Consultant shall provide the pisx Manager of the City Certificates of
Itnuratim for coverages and policies required by this Agreement. All
certificates shall state that the(:i y shall be given thirty(30)days' advance
notice prior to expiration or cancellation of iuny polir.y Such policies and
coverages shall not he affected by any other pDbiry of insurance which tric
City 112V carry m its own name. Ali certificates (of insurance) must
clearly identify the contract to which they pertain+.. including a brief
description of the subject.metes of the contract.
6. Assir;=pm=i of Attreemcnt.
A. It is understood and agroed by both parties that this Agreement. in whole or h1
part,cannot he assigned, sublet or transferred by the Consultant without the prior written consent
of City. The City is relying upon the apparent quaiitications and expertise of Pooru i
13hattnclrarva,.AICP,fine of Consultant's Prgjeci Manager, and such perqDn's familiarity with
(heCity's circumstances and desires. In the event Consultant wishes to re-assign or roplace such
inditi7dual,the Consultant shall tender substitutes acceptable to City. In the event the City is not,
for any mason or no reason at all,satisfied with such substitute,Consultant shall be considered in
breach of this Agreement Violation of the terms of this paragraph shall constitute a breach of
Agreement by Lflnsultant and City may. at its discretion, terminate this Agreement for cause and
all right-.;,title and interest of Consultant in this Agreement shall+hen cease and terminate.
B. The Consultant acknowledges, understands and agrees that its performance under
this Agreement is or may be contingent upon the City receiving timely services from other
consultants (the "Supporting Consultants"). The Consultant agrees to use its best efforts to
coordinate its services with the services of the Supporting Consultants and further agrees that in
the event the rendition of any services of any of the Supporting Consultants is delayed, such
delay will trot entitle the Coasuitant to any additional compensation or payment of any kind.
Furthermore,the Consultant shall not be entitled to an increase in compensation,or be entitled to
payment of any kind from the City,for damages or expenses incurred which are direct,indirecl
or consequential or other costs and lost profits of any Idnd including,but not limited to,costs of
acceleration, inet'liciency or extended ovethead, arising because,of auy other MAY, disruption,
interruption, inter frreuce or hindrance from any cause whatsoever, whether such delay,
disruption or interfetinx be reasonable or unreasonable, foreseeable or unforeseeable, or
avoidable or tmavoidabie;provided,however,that this provision shalt not preclude recovery of
damages by the Consultant for hindrances or delays caused solely by fraud,bad faith or active
malicious interference on the part of the City, The Consultant shall only be entitled to extensions
of time for performance as the exclusive and sale remedy for delay.
7. Examination of Records. Consultant shall maintain books, records, documents
and other evidence directly periment to performance of work tinder figs Agreement in
accordancc with generally accopted accounting principles and pranices. The Consultant shall
also tnaintaiu the financial information and data used by the Consultant in the p,rparation of
support of any claim for mitttbursemeni for any out-of-feet expense or c^s . The City shah
have access to such 'books, records, documents and other evidence for it pection, audit and
copying; during normal business hours. The Consultant will pm••;de proper facilities for such
access and inspection. Audits conducted under this section shau observe generally accepted
auditing standards and established procedures and guidelines of the City. The Florida public
Records Act Chapter i l9 or Florida S atutes, may have applicatior: to recoils or documents
lxataining to his Agreement and Consultant acknowledges that such laws have possible
application and agrees to comply with all such laws.
8. Termination.
A. rerraination of Atrzeesncnt fbr Convenience. It is expressly understood
aid agreed that the City may terminate this Agreement at any time for any reason or no reason at
all by giving the Consultant notice by certified mail, return receipt rcquosted, directed to the
principal office of the (:oncultant, thirty (30) clays in advance of the termination date. In the
event that the Agreement is terminated pursuant to this provision,the Consultant shall be cri itled
to be compensated for the services rendered front the effective date of exec union of the
;agreement up to the date of receipt of Nobec of termination. Sudi compentsation shall be based
on the percentage of work completed, as fairly and reasonably determined by City alter
conferring with Consultant.
B. Termination of Aerebattent for Cause. If City elects to i=iinate the
Asyut for cause, City w�a31 provide Consultant fire (5) days` advance wriuen notice. If
Consultant promptly cures the matter,giving rise to the cause within that time, this Agreement
shall continue. If not timay°cured, the Agreement will smad taminated and the City will pay
Consultatrt for work completed leas any costs,expenses and damages mcumed by City as a result
of such teiani iatian. If a court of competent jurisdiction determines that the termination was not
authorized under the circutastances then the termination shall be riterned to be a termination for
convenience.
9, Ownership of Documents. All oo spottclestge studies, data; analyses,
docnmcros, instruments, applications, memorandums and the Re, including drawings and
s3reeifrcations prepared or furnished by Consultant (and ConsultariVs indep=dmt professional
subcontractors or suboonsultants)pursuant to this Agreemew shall b000me owned by and be the
property of the City and the City shall coumquently obtain gwnexsbip of them by any sU ttttory
corn on law and other reserved lights, including copyright; however, such dommmans are not.
intended or represented by Consultant to be suitable for rouse by City on extensions.of the work
or on any otter work or project. Any such reuse, modification or adaptation of such document
without written vaifioation or permission by Consultant for the specific purpose Intended will be
at City's sidle risk and without liability or legal exposttre to Consuttant or to Consultant's
independent professional subcousrn;tants. if City alters any such documents,City will exprmsly
acknowledge same so that no third party will be in doubt as to the creation or origination of any
such document,
19. 'notices_ Ekeeh,t as provided above, whenever eithsr patty desires to give notice
to the other,, it ntust be given by written notice. saA by oeatifed t:.S. mail,. with return receipt
re aestedi- acid essed to the party far whom it is intended, at the place 4si specified and the place
.br giving of notice in compliance with the provisions of this paragnxph For the present the
parties designate thee fallowing as the respective persons and places for giving of notice;
City Manager
City of Dania Beach
I(H)Wes,Dania Beach Boulevard
Dania;each.Florida 33f#14
With a copy to: Thomas d. Ansbro.City Attorney
100 West Dania Beach Blvd,
Dania Beach.Florida 33004
Consultant: Poama Bhattacharva, AICP
4431. Embareadero Drive
West Pahn Beach.Florida 334Q9
Consent to Jurisdic ion. The parties agree that the jurisdiction for any legal action
arising out of or pertaining to this Agreement shall be the Circuit. Court 'or the Seventeenth
Judicial Circuit in.and for Broward County;Florida,or the fxleral District Covet in the Southern
District of Me United States. Each party further agrees that venue of any action to enforce this
Aar xxrrneat shall be in Browanl County,Florida.
"r3. Govqaitta Law. The parties agree that this Agreement shall be eonshued in
accordance with and governed by the laws of the Smote of Florida.
13. AttameLs' Fees and Costs. If City or Consultant incurs any expense in enforcing
the terms of this Agmemenf, whether suit is brought or rot, each party shall bear its own costs
and expenses including,but not limited to,collet costs and reasonable attarneys'fees.
14. HeadjM Headings in this document arc for convenience of'reference only and
are not to be considered in any interpretation of this Agreement.
15. Exhibits Each exhibit refwisd to in this Agreement forms an essential part of
this Agreement. Pesch such exhibit is a part of this Agreement and each is incorporated by this
reference.
16. Severability. If any prevision of this Agreement or the application of it to any
person or situation shall to any extent be held invalid or unenforceable, the remainder of this
Agreetne 1. and the application of such provisions to persons or situations other than those as to
which it shall have been held invalid or unenforceable,shall not be affected,shall continue in full
force and effect,and shall be enforced to the fullest extent permitted by law,
17. All Prior Acsaeniepts Suoersedc4. This document incorporates and includes all
prior negotiations, correspondence,convorsations, agreements and ury iers+,andings applicable to
the natters contained in this Agreement and the parties agree that there are no carnminaent.s.
agrecmcnis or understandings concerting the subject matter of this Agreement that are not
contained in this document. Accordingly, it is agreed that no deviation them the terms of this
Agreement shall: be predicated upon arry prior representations or agreements, whether oral or
wntlen.
IR. Consultant and its empioyees and agents shall he and remain independent
contractors and not employers of City with respect to all of the acts and services performed by
and under the terms of this Agreement. This Agreement shall not in any way be corstraod to
create a partnership, association or any other Und of joint undertaking, enterprise or venture
between the parties to this Agreement. All agents. ernployces and subcontractors of the
Consultant.retainers to perform services pursuant to this Agreement shall comply with all laws of
the United Sates concerting work eligibility.
i9, The Consultant understands and agrees that the City,during any fiscal year.is not
antboTized to expend money. it" any liability, or cmcr info any contract which, by its terms,
involves the expenditure of money in excess of the amounts budgeted as availa'o1c for
expeMi;im during such fiscal year and that any contract.verbal or written,made in violation of
tlti:s subsection is null and void and that consequently, no money may be paid on such contract
beyond such limits. Nothing contained in this Agreement shall prevent the making of m-_ttracts
for periods exceeding one €1) year, but any contract so made shall be executory only for the
value of the services to be rendered or agreed to be paid for in succeeding fiscal years.
Consultant shall not proceed with services under this Agreement without City's written
verification that the funds necessary for Consultant compensation and other necessary
expenditures are budgeted as available within the appropriate fiscal year budget.
20. Consultant warmits and represents that no elected official, officer, agent or
employee of the City has a fvraa6ial interest, directly or intlireciiy, in this Agreement or the
gx7mpertsation to be paid under it and, flusher. that no City empfoyte wbo, acts s in die City of
Dania Beach as a"purchasing agent,•as defined in Chapter 112,Florida Statutes,nor any elected
or appointedd officer of the City of Dania Beach, nor any spouse or child of such purchasing
agent, employee or elected or appointed officer,.is a partner,o#Tiow,director or proprietor of the
Consultam and,f rid=,that no such City employee,purchasing agora,City elected or appointed
offices, or the spouse or child of any of than,atone or in combination,has a material interest in
the Coruuultam. Material interest menus dirty or indirect ownership of more than five percent
(5e1s)of the total assets or capital stock of the Consultant.
21. Comultant shalh comply with all federal, state and City laces applicable to the
Consultant services and specifscatly those coves Equal Opporminly Employment, the
Americans With Disabilities Act ("ADA") ehigibifmj to perform services as specified in the
Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to
My comply with all provisions of all laws and the City reserves the rim to verify the
Consultant's compliance with them. Failure to comply with any laws Will be grotmds for
termination of the Agrcetnent for cause.
22. In the evcut of any corffict between ary provisions of this Agreement and any
provision in any attached P.Yhih t_ the parties agree zaat the provisions of this RgreemLrn err
prtroil?' !including,but not limited to, all terms and provisions governing ootxapensaziar.).
Iti W 1.T,.,SS OF 'rsIE FOREGOING.the Dashes have set their hands and seats the day
and year first atxwe w inert.
CITY:
C.rFY OF DANIA REACH.
a F odda'h9unieipal Corporation
A i r�S ST:
LOUISE STIFSON,(164C MAY(SJA Al,
CITY CLERK 'a.
5 crass c�rr �
APPROVED FOR
AND CORRECTOW S,
THOMAS
CITY ATTOR,
CONSULTANT;
Klmley-Horn and Associates,Inc,
t4'1"i N-LSSE,S:
S 6n Sigramrc
Frinihame Frimi Name-Mlie
Sigrawe
print Name
STATE OF FL17WDA
COUNTY OF PALM BEACH
The foregoing insinmtent was acknowledged be ore me on .iune 24, 20W try
was _ S5t"3�1T ..._—_ of
t�arvtl is- t3R+� ArJp SI3Gt'�Tt , r am., a tkf#t Ce 7K �� corparatiDn,
on behalf of the coiixmition. Aeishe is Mnnaliy know to me or Produced
as identification and did(did not)take an oath,
VO PUBIX,State of Florida
Mycominission ex d
UM*.Mw
pso
Wroarow !
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